Research › Search › Judgment

Bombay High Court · body

2013 DIGILAW 1166 (BOM)

Sopan Balkrishna Wagh v. State of Maharashtra

2013-06-26

MRIDULA BHATKAR, V.K.TAHILRAMANI

body2013
JUDGMENT : MRIDULA BHATKAR, J. The appellant-original accused has preferred this appeal against the judgment dated 7th October, 2004 passed by the learned Additional Sessions Judge, Nashik in Sessions Case No. 166 of 2003. By the said judgment, the learned Sessions Judge convicted the appellant under Sections 302 and 498-A of IPC. For the offences punishable under Section 302 of IPC, the appellant has been sentenced to life imprisonment and fine of Rs. 5000/- i/d R.I. for three months and for the offences punishable under Section 498-A of IPC, the appellant has been sentenced to R.I. for three years and fine of Rs. 5000/- i/d R.T. for 1 month. 2. The incident has taken place on 3rd July, 2003 in the house of the accused at Nehru Nagar, Nashik Road, Nashik. The accused was residing with his deceased wife Anita along with his parents at Nashik Road. The accused was having a son from Anita and he was two years old at the time of incident. The accused along with Anita and his son went to his in-laws house for some religious function. Anita stayed in her maiden home for nearly one month. After her return, the behaviour of accused was changed. He was very suspicious about her character and prohibited her from talking to any other persons. He started picking up quarrels on small issues and used to harass Anita. He used to ask her the name of the boy with whom he had seen her talking at her maiden home. Anita did not tell him a single word about that boy. Thereafter, he became more and more suspicious. His parents tried to convince him about Anita's character. However, his behaviour did not change. 3. On the night intervening 2nd and 3rd July, 2013 when the accused, Anita and their son were sleeping in the bedroom, at around 3 to 4 a.m., the accused inflicted injuries on the neck of Anita with a razor. She screamed for help calling her mother-in-law as ‘Aatya’, who was sleeping in the adjacent room. She succumbed to the injuries immediately. The father Balkrishna (PW8) and mother Pramila (PW9) of the accused immediately came near the bedroom of Anita, which was locked from inside. Despite their banging on the door and request to open the door, the accused did not open the door immediately. She succumbed to the injuries immediately. The father Balkrishna (PW8) and mother Pramila (PW9) of the accused immediately came near the bedroom of Anita, which was locked from inside. Despite their banging on the door and request to open the door, the accused did not open the door immediately. After sometime, he came outside from the other door opening to the kitchen and told his parents that Anita had inflicted injuries with razor on her person. On hearing this, the parents were shocked and angry. When they entered the room, they found Anita lying in the bed in a pool of blood. There were cut marks on the neck and the blood was oozing from the injuries. Immediately, the father (PW-8) called his neighbour who was having auto rickshaw and went to the police station and gave complaint. The police registered the offence in C.R. No. 214/2003 at Nashik Road Police Station. The police arrived at the spot and they found that the body of Anita was lying on the floor in the bedroom. They sent the body for post-mortem in the hospital. Dr. Govind Murlidhar Kulkarni, P.W-5 conducted the postmortem on the said body and prepared the report. It was opined that the death of Anita was due to cut throat injury with hemorrhagic shock. The police drew inquest and spot panchnamas. Thereafter API Anil Arjun Katkade, PW-12 arrested the accused on the same day of 3rd July, 2003 at around 12.30 p.m. at Nashik S.T. Stand. 4. Pursuant to the information given by the accused, a razor which was used in the commission of the offence was recovered from the house of the accused and police drew recovery panchnama. The police sent the blood stained clothes of the deceased, razor and also the clothes of the accused to the chemical analyzer. The police recorded the statements of the witnesses and after completion of the investigation, they filed charge sheet in the Court of Judicial Magistrate (First Class), Nashik Road. The case was committed to the Sessions Court. The Sessions Court framed charge under sections 302 and 498A of the Indian Penal Code. The trial was concluded in the conviction. Hence, this appeal. 5. The accused has not engaged any counsel. The appeal was filed through jail, so Ms. B. P. Jakhade was appointed from the Legal Services Committee to defend in appeal. 6. The Sessions Court framed charge under sections 302 and 498A of the Indian Penal Code. The trial was concluded in the conviction. Hence, this appeal. 5. The accused has not engaged any counsel. The appeal was filed through jail, so Ms. B. P. Jakhade was appointed from the Legal Services Committee to defend in appeal. 6. The impugned judgment was mainly challenged on the ground that it lacks proper appreciation of the evidence. It is argued by the learned counsel that the case is based on only circumstances, which do not complete the chain. The trial Court ought to have considered that there was no eye witness to the incident. All the main witnesses of the prosecution did not support the case of the prosecution. The learned counsel submitted that though PW-8 Balakrishna and PW-9 Pramila, the father and mother of the accused, have deposed supporting case of the prosecution in the examination-in-chief, they withdrew their evidence in the cross-examination by admitting the case of the defence. It is submitted that their evidence ought to have been discarded by the Sessions Court. She further submitted that in the seizure panchnama, Mr. Dilip Dharmaji Barve (PW-3) a rickshaw driver, admitted that he was having acquaintance with the police and that recovery is, therefore, vitiated. It is submitted that in the absence of cogent evidence, conviction should be set aside and the appellant is entitled to acquittal. 7. The learned APP submitted that in the judgment, the trial Court has properly appreciated the evidence and there is no error of law. 8. On perusal of the judgment, the evidence of the witnesses and the record of the case, we are of the view that there is sufficient evidence against the accused to uphold the conviction. The case of the prosecution mainly stands and is unfolded through the evidence of PW-8 Balakrishna and PW-9 Pramila, who are the star witnesses. These two witnesses have narrated about the strained relations between the accused and the deceased. They have also stated how they witnessed the conduct of the accused/son subsequent to the murder. Though these two witnesses in the cross-examination have took somersault and admitted the case of the defence and the suggestions put up by the learned counsel of the defence, their evidence cannot be discarded. The prosecutor has re-examined Balakrishna PW-8 after he voltefaced in the cross-examination. 9. Though these two witnesses in the cross-examination have took somersault and admitted the case of the defence and the suggestions put up by the learned counsel of the defence, their evidence cannot be discarded. The prosecutor has re-examined Balakrishna PW-8 after he voltefaced in the cross-examination. 9. Both the witnesses have given a very consistent evidence regarding incident of that fateful night. The accused and the deceased were sleeping with their son in the bedroom and both the witnesses used to sleep in the drawing room. At around 12.30 in the midnight, the witnesses slept, however, they noticed that the accused came to the drawing room at around 2 to 2.30 a.m. The accused took 5 to 6 rounds in the drawing room and then he went to the bedroom. Around 3 to 3.30 a.m. they heard a cry of Anita calling 'Attya' as she used to call her mother-in-law PW-9 Attya. Both the witnesses knocked the door. The accused did not open the door immediately. After sometime, he came from the another door through kitchen. He told them that his wife Anita had inflicted injuries with razor on her person. Both the witnesses have corroborated each other. 10. In the re-examination Mr. Balakrishna PW-8 gave admissions to APP that there was change in the behaviour of the accused and he was behaving whimsically when he returned from his in-laws house. He also stated that the accused was suspicious about his wife even if she used to talk to anyone and he used to doubt her character. He gave admissions to the Public Prosecutor that in order to save the accused/their son, he was saying that he lodged a false complaint. PW-8 and PW9 are the parents of the accused. So, naturally they changed their version in the cross-examination favourable to the accused. However, police have recorded their statements under section 164 of Cr. P.C. respectively marked Exhibits 36 and 38. The recording of the statement is proved through PW-10 Mr. Anand Patankar. He has stated that he recorded those statements of PW-8 and PW-9 after two days from the incident i.e. 6th July, 2012. The trial Court has rightly believed the evidence of these two witnesses on the point of incident and conduct of the accused. The recording of the statement is proved through PW-10 Mr. Anand Patankar. He has stated that he recorded those statements of PW-8 and PW-9 after two days from the incident i.e. 6th July, 2012. The trial Court has rightly believed the evidence of these two witnesses on the point of incident and conduct of the accused. This shows that the accused and deceased have slept in one room at that night and thereafter accused came out and Anita was found in a pool of blood with injuries on the neck. The accused was arrested on the same day at around 2.30 in the afternoon. Arrest panchnama (Exhibit 13) is admitted under section 394 of Cr. P.C. which was drawn between 13 to 14 hours of the day. The Arrest Panchnama discloses that the sando banian of the accused i.e. Article 8 was blood stained and it was on his person. The blood group of Anita is "A" and the blood found in the clothes of accused was of "A" group. Considering all the circumstances and the time sequence from the incident to arrest, the fact that accused is having "A" blood group though not a strong evidence, does not damage the case of the prosecution. The accused ran away from the spot though his wife was dead this fact also corroborates the case of the prosecution. Dr. Govind P.W-5 has mentioned that the injuries were caused by sharp weapon like razor (Article 10). The injuries were deep over the neck. It was not just one injury which could have been done in a heat of anger but there were three deep cut throat injuries to which Anita succumbed to death immediately. This shows the force, brutality, anger and knowledge that such injuries in ordinary course of nature will cause death. Thus, the evidence against the accused is reliable, creditworthy and sufficient to hold that he has committed murder of his wife and the judgment of the Court convicting him under section 302 thereby sentencing him to life imprisonment is confirmed. Appeal stands dismissed. 11. At this stage, we must record our appreciation for the able assistance rendered by the learned advocate Smt. B.P. Jakhade who was appointed to represent the appellant in this appeal. We quantify total legal fees to be paid to her in this appeal by the High Court Legal Services Committee at Rs.2500/-. Appeal dismissed.